Alexanderson, MacQueen v The Queen

McHugh and Gummow JJ of the High Court of Australia considered an appeal by Alexanderson and MacQueen against their convictions for conspiracy to defraud. The appellants were alleged to have engaged in a scheme to defraud the Commonwealth by obtaining financial assistance under the Export Market Development Grants Act 1974 (Cth) for expenditure that was not eligible for such grants.

The central legal issue before the High Court was whether the appellants' conduct, as found by the jury, constituted the offence of conspiracy to defraud the Commonwealth. This required the Court to consider the elements of the offence, particularly the nature of the "deception" or "fraud" required, and whether the alleged scheme, which involved making false claims for grants, met that threshold.

Their Honours affirmed that a conspiracy to defraud the Commonwealth does not require proof of actual loss to the Commonwealth, nor does it necessitate proof of a specific misrepresentation made to an officer of the Commonwealth. Rather, the offence is complete upon proof of an agreement between two or more persons to defraud the Commonwealth, which includes deceiving the Commonwealth or its officers, or depriving the Commonwealth of a lawful right or benefit. The Court found that the jury's verdict was open to them on the evidence presented, as the appellants had agreed to pursue a course of conduct that involved deceiving the Commonwealth in order to obtain financial grants to which they were not lawfully entitled.

The appeal was dismissed.